Md. Code Regs. 10.07.09.03

Current through Register Vol. 51, No. 26, December 27, 2024

Section 10.07.09.03 - Resident's Representative

A. A nursing facility or nursing facility's agent shall recognize the authority of:

(1) A guardian of the person under Estates and Trusts Article, § 13-705, Annotated Code of Maryland;

(2) A guardian of the property under the Estates and Trusts Article, § 13-201, Annotated Code of Maryland;

(3) An advance directive established in compliance with Health-General Article, §5-602, Annotated Code of Maryland;

(4) A surrogate decision maker with authority under Health-General Article, §5-605, Annotated Code of Maryland;

(5) A power of attorney established in compliance with Estates and Trusts Article, § 13-601, Annotated Code of Maryland;

(6) An individual exercising a resident's rights pursuant to Health-General Article, §19-344(r), Annotated Code of Maryland, but not for purposes of medical care or treatment;

(7) A representative payee or other similar fiduciary;

(8) An agent as defined in Health-General Article, §19-344(c), Annotated Code of Maryland; or

(9) A person if that person was designated by a resident who was not disabled at the time the designation was made and if the resident or representative has provided the nursing facility with documentation of the designation.

B. A nursing facility may not recognize the authority of a resident's representative if the representative attempts to exceed the authority:

(1) Stated in the instrument that grants the representative authority; or

(2) Established by State law.

C. A facility shall document in the resident's record the name of a representative listed in this regulation, including a copy, when applicable, of the designation.

Md. Code Regs. 10.07.09.03

Regulations .03 amended effective December 16, 1985 (12:25 Md. R. 2472)
Regulation .03K adopted effective August 30, 1982 (9:17 Md. R. 1708)
Regulation .03C amended effective August 30, 1982 (9:17 Md. R. 1708)
Regulations .03 under COMAR 10.07.09 Patients' Bill of Rights: Comprehensive Care Facilities and Extended Care Facilities repealed and new Regulations .03 under COMAR 10.07.09 Residents' Bill of Rights: Comprehensive Care Facilities and Extended Care Facilities adopted effective April 22, 1996 (23:8 Md. R. 605)